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2008-0743_HilliardWall-2nd.pdf CITY OF EDMONDS th 121 5 Avenue North • Edmonds, WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.ci.edmonds.wa.us DSD: PD EVELOPMENT ERVICES EPARTMENTLANNINGIVISION December 29, 2008 Steve Barnes Cornerstone Architectural Group rd 1904 3 Avenue – Suite 500 Seattle WA 98101 th RE: BLD-2008-0743 – Hilliard Retaining Wall @ 15515 75 Place West (RS-20 Zone) Dear Applicant, I have re-reviewed the above building permit application for the Planning Division and it was found that the following information, corrections, or clarifications will need to be addressed before review can continue. If you have any questions, please do not hesitate to contact me. I look forward to working with you on this project. 1 Please provide a written response to the items mentioned below… 1.Sent 09/24/2008 -- Height of Retaining Wall: For retaining wall permits, the Planning Division must find that the portion of the retaining wall within the setback area (within the north 25’ of the property) is under 3 feet in height as measured from the top of the wall to original grade. This is determined by showing a section/profile of the wall at two–foot intervals and labeling the elevation at the top of the wall as compared to the elevation of the original grade at each interval. The Planning Division uses a different method to calculate height, which relates back to the definition of “structure” and “structures” (>3’ in height as measured from original grade) are not permitted in the setback area. Please submit a profile showing how the proposed retaining wall will be under three feet in height (as measured from top of wall to original grade), and please mark on the site plan the elevations of the wall in two foot intervals (only for that portion of the wall that is within the north 25’ setback so that this can clearly be determined). If the wall is over three feet in height within the setback area then you have a few options, outlined below. Please let me know which route you wish to take and I’ll be happy to elaborate further and discuss the process and fees, if applicable. Unfortunately, the code does not allow for the administrative approval of variances. It is clear that setbacks are measured from the location of property lines to “structures.” Per the Hearing Examiner’s Decision, the lots were to either be combined or a lot line adjustment would be required. Either way, there is much to consider, and we always suggest owners talk with the County to see how their decisions could effect their property taxes. 1 Please redline your plans to reflect any changes – or, if you are submitting new plans, please submit three site plans (one must be reduced size) and two sets of the changed pages of the plans. Please make all submittals to the Development Services Permit Coordinator (Marie Harrison) All code citations can be found on the City of Edmonds website: www.ci.edmonds.wa.us. Page 1 of 2 Moving forward, I see several options: a. Reduce the height of the wall within the northern setback area to remain under three feet as measured from top of wall to original grade. This would mean that the wall would be stair- stepped so that each segment is no higher than three feet above original grade. This is probably the most common solution to the setback issue that I see with building permits. If you choose to redesign, please revise the plans to make it very clear so we can see the height in the setback area (show an elevation view of the wall in two-foot contours). Please also contact Engineering and Building (425.771.0220) to see if redesigning the wall impacts their codes. b. Apply for and obtain (another) “lot line adjustment” between the northern and southern parcel in order to jog the lot line around your proposal to meet the required setbacks. Refer to handout #P47, attached. City staff can review and process lot line adjustment applications fairly quick, comparatively. A survey is required with the application, and after approval, the survey must be recorded – all prior to building permit issuance. c. Apply for and obtain a “lot combination” in order for the Planning Division to consider the interior property line dissolved. Unlike a lot line adjustment, a 300’ mailing list is required for neighborhood notice/comment, but the application need not be made by a professional land surveyor. Documents must be submitted to the County to ensure that they’re taxing the land appropriately. d. Contact the County Assessor’s office, Segregation Department (425.388.3525), and ask them about combining both parcels into one large parcels thus dissolving the interior property line. Provide us with proof that the parcels have been combined into one large lot and that the interior property line has been dissolved. I’ve attached a form from their website that should provide you with some helpful information. e. Apply for and obtain (another) variance. This route is not recommended, because it will be difficult to create arguments for all six variance criteria (specifically, the “special privilege” criteria and the fact that other alternatives exist). Also, the hearing process takes 3-4 months with no guarantee of approval. I’ve attached handout #P86 that outlines the process and required findings. Again, I regret to inform you that we cannot administratively approve variances, but I hope the above alternatives are helpful as you come to a decision on how to proceed. Sincerely, Gina Coccia Associate Planner 425.771.0220, x 1778 coccia@ci.edmonds.wa.us cc: BLD-2008-0743 Page 2 of 2 #P47 city of edmonds development information LOT LINE ADJUSTMENT This summary outlines the procedure for filing a lot line adjustment application in the City of Edmonds. All lot line adjustments are subject to the Edmonds Community Development Code (ECDC) Section 20.75.050 and thereby exempt from standard subdivision review. All proposed lot line adjustments are to be submitted to the Planning Division for approval. DEFINITION: A lot line adjustment is an alteration (or elimination) of lot lines between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site or division. FEES: Refer to fee schedule SUBMITTAL REQUIREMENTS: 1. Completed application form with signatures of property owners. 2. Four copies of dimensioned plans (if larger than 8 ½” x 14”, a reduced copy is also requested) prepared and stamped by a professional land surveyor registered in the state of Washington. Information on the plans shall include the following: A. LEGAL DESCRIPTIONS OF THE EXISTING LOTS AND PROPOSED LOT LINE ADJUSTMENT(S). IF THE DRAWING IS TO BE RECORDED ON AN 18” X 24” SHEET, THE NEW LEGALS MAY BE SHOWN IN DISTANCE AND BEARING FORM, PURSUANT TO WAC 332-130-030 AND 050. b. The location of all existing structures on the subject parcel(s) including dimensioned setback information from all existing and proposed lot lines and ingress/egress easements. c. Locations of all existing ingress/egress and utility easements. d. Gross lot area of the original parcels and the proposed parcels (gross lot area does not include any lot area devoted to vehicular ingress/egress easements). e. The existing zoning of the subject parcels(s). f. Location of all existing driveways of the subject parcel(s); and g. The lot lines of adjoining properties for a distance of at least 50 feet. 3. A title company certification for all properties involved, which is not more than 30 calendar days old containing: a. A legal description of the total parcels(s) sought to be adjusted. b. A list of those individuals, corporations, or other entities holding an ownership interest in the parcels(s). 7/17/2008 page 1 #P47 c. Any easements or restrictions affecting the property(ies) with a description, purpose and reference by auditor’s file number and/or recording number. d. Any encumbrances on the property; REVIEW CRITERIA Lot line adjustments are reviewed to confirm the proposal does not: Create a new lot, tract, parcel, site or division. Reduce the setbacks of existing structures below the minimum required by code or make existing nonconforming setbacks of existing structures more nonconforming than before. Reduce the lot width or lot size below the minimum required for the applicable zone. Transform a nonbuildable lot, tract, parcel, site or division into a buildable lot, tract, parcel, site or division. Would otherwise result in a lot that is in violation of any requirements of the ECDC. Lot line adjustment applications shall expire one year after a complete application has been filed with the city. An extension up to an additional year may be granted by the Planning Manager or designee upon a showing by the applicant of reasonable cause. Appeals of lot line adjustment decisions shall be reviewable as staff decisions under ECDC Section 20.105.010(a) (1). This information should not be used as a substitute for City codes and Note: regulations. You should review all the details of your project with the Planning Division at 121 Fifth Avenue North (771-0220) between 8:00 a.m. - 4:30 p.m. Monday through Tuesday and Thursday through Friday . 7/17/2008 page 2 : Snohomish County Assessor To Segregation Department 3rd Floor, Admin East Everett, WA 98201 Attn: Segregation Dept. Phone #425-388-3525 : Please print From:___________________________ ___________________________ ___________________________ Daytime phone #_____________________ Contact Person_______________________ ContactÔs Phone #____________________ Tax Account(s) #________________________ _________________________ * FOR AREAS IN BOLD TYPE & UNDERLINED, PLEASE CIRCLE ONE ONLY Is there a lending institute with an interest in this property? Yes/No If yes, you will need to provide evidence of their approval of this request. I am the (if other please explain)___________________________ owner/other of the above mentioned tax parcels and I am requesting a of segregation/combination/correction the legal description of the above tax parcel(s), per the attached Survey/Short Plat/Boundary Line Adjustment/Deed/*Other. There are located on this property. If there are buildings, please show buildings/no buildings where they are located by attaching a map or sketch. *Please provide copies of the documentation supporting your request if the document is un-recorded ie, lot status, un-recorded short plat, judgment, etc. Additional information that may be helpful in complying with your request: ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ Date_______________Signature_____________________________Request taken by______________ Please note: property taxes must be paid in full for the year in which the property is being segregated per RCW 84.56.340 #P86 city of edmonds development information VARIANCE A variance is a method by which citizens are granted modifications from the strict application of specific provisions of Chapters 16 and 17, and other sections where specifically stated in the Community Development Code due to a hardship beyond the control of the applicant. Variances do not permit property to be used in a manner other than provided in the Community Development Code. This process is intended to review situations where uniform zoning application would unduly burden one property more than the other properties in the area. Criteria The Hearing Examiner may approve variances when literal and strict interpretation of the Zoning Ordinance would cause undue or unnecessary hardship. A hardship is not a problem that you create yourself. For instance, if you build your house in such a manner that you cannot expand the living room without encroaching on a required side yard, you have created that situation. Hardship speaks to whether you would be deprived of property rights common to the general vicinity and zone. NO VARIANCE MAY BE APPROVED UNLESS ALL OF THE FOLLOWING FINDINGS CAN BE MADE: 1. Special Circumstances. That, because of special circumstances relating to the property, the strict enforcement of the zoning ordinance would deprive the owner of use rights and privileges permitted to other properties in the vicinity with the same zoning. Special circumstances include the size, shape, topography, location or surroundings of the property, public necessity as to public structures and uses and environmental factors such as vegetation, streams, ponds and wildlife habitats. Special circumstances should not be predicated upon any factor personal to the owner such as age or disability, extra expense which may be necessary to comply with the zoning ordinance, the ability to secure a scenic view, the ability to make more profitable use of the property, nor any factor resulting from the action of the owner or any past owner of the same property. 2. Special Privilege. That the approval of the variance would not be a grant of special privilege to the property in comparison with the limitations upon other properties in the vicinity with the same zoning. 3. Comprehensive Plan. That the approval of the variance will be consistent with the Comprehensive Plan. 4. Zoning Ordinance. That the approval of the variance will be consistent with the purposes of the zoning ordinance and the zone district in which the property is located. 5. Not Detrimental. That the variance as approved or conditionally approved will not be significantly detrimental to the public health, safety and welfare or injurious to the property or improvements in the vicinity and same zone. 6. Minimum Variance. That the approved variance is the minimum necessary to allow the owner the rights enjoyed by other properties in the vicinity with the same zoning. 1/16/2008 page 1 #P86 Application Procedure 1. Prepare and submit an application for a variance. The Planning Division has the forms and will assist you with any additional information needed. Your application must include the following: a. Completed application form. b. The names and addresses of owners as shown on the records of the Snohomish County Assessor and street addresses of property within 300 feet of any point of the subject property. c. Filing Fee as required by Fee Sheet. d. Written statement describing the specific requested variance and describing how the proposed variance meets all of the criteria. e. Critical Areas Checklist or previously issued Critical Areas Determination. e. Depending on the nature of the variance requested, the Planning Division might require additional information such as a site plan or building elevation. Building elevations and site plan will be required in any case where a variance is requested for a building or a portion of a building. 2. Public Hearing. You will be assigned and notified of a hearing date as soon as the application is determined to be complete. Hearing Examiner meetings are held at 3:00 p.m. on the first and third Thursdays of each month th unless otherwise noted, in the Council Chambers, Public Safety Complex, 250 5 Ave. N., Edmonds, and are open to the public. You or your representative must appear at the hearing so the Hearing Examiner can ask questions concerning your application. Should you or your representative be unable to attend the meeting, or if you wish to withdraw your application, please notify the Planning Division in writing at least four days before the meeting. 3. Final Action. The Hearing Examiner issues a decision ten working days following the conclusion of the hearing. This decision will be final unless a written appeal is filed with the Planning Director within ten working days after the decision is rendered. Only those people who are parties of record may file appeals. The appeal will be heard by the City Council. 4. Time Limit. The approved variance must be acted on by the owner within one year from the date of approval or the variance will expire and be null and void, unless the owner files an application for an extension of only one (1) year 30 days before the expiration date and the City approves the application. 5. Location. A variance applies only to the property for which it has been approved and may not be transferred to any other property. This information should not be used as a substitute for City codes and regulations. You Note: should review all the details of your project with the Planning Division at 121 Fifth Avenue North (771-0220) between 8:00 a.m. - 4:30 p.m. Monday through Tuesday and Thursday through Friday . 1/16/2008 page 2 #P86 VARIANCE APPLICANT DECLARATIONS all In order for the Hearing Examiner to approve a variance request, of the following criteria must all be met. It is the applicant’s responsibility to show that of the criteria are satisfied. Therefore, the following questions have been created to assist the applicant in providing applicable information. It is important to make your answers clear and direct. Yes/no type answers are discouraged. Please answer all questions on a separate sheet. Please type or clearly print your answers. 1. How does the proposal meet the Special Circumstance Criteria? What special circumstances such as lot size, shape, topography, stream location, wetland location, or other unusual problems are causing an impact, which would require a variance? 2. Explain why the proposal is not a Grant of Special Privilege. Is the proposal something that is allowed to other property owners in the vicinity, but would be disallowed on your property if the variance is denied? 3. Explain how the proposal is consistent with the Comprehensive Plan. (Ask a Planner for the Comprehensive Plan Designation for your property.) 4. Explain how the proposal is consistent with the purposes of the Zoning Ordinance and with the Zone district in which the property is located. 5. Explain how this proposal meets the criteria of Not Detrimental. Will the portion of your proposal for which you seek a variance cause a loss of property value, scenic view, or use of surrounding properties? Will the portion of the project for which you seek a variance be physically injurious or harmful to any person on your property or surrounding properties? 6. EXPLAIN HOW THE PROPOSED VARIANCE IS THE MINIMUM VARIANCE NEEDED TO ACCOMMODATE THE PROPOSED PROJECT, OR WHY THERE IS NO ALTERNATIVE OTHER THAN A VARIANCE IN ORDER TO COMPLETE THIS PROJECT. 1/16/2008 page 3